Opinion
20-03050-01-CR-S-BP
03-08-2022
UNITED STATES OF AMERICA, Plaintiff, v. JAMES W. FITHEN, JR., Defendant.
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY
DAVID P. RUSH, UNITED STATES MAGISTRATE JUDGE.
The Defendant, by consent, has appeared before me pursuant to Rule 11, F.R.Cr.P., 22(k)(26), WDMO, and 28 U.S.C. § 636, and has entered a plea of guilty to Counts One and Thirty-six of the Indictment filed on June 10, 2020, and admitted to the Forfeiture Allegation. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty pleas were knowledgeable and voluntary, and that the offenses charged are supported by a factual basis for each of the essential elements of the offenses. I therefore recommend that the pleas of guilty be accepted and that the Defendant be adjudged guilty and have sentence imposed accordingly.
NOTICE
Failure to file written objections to this Report and Recommendation within 14 days from the date of its service shall bar an aggrieved party from attacking such Report and Recommendation before the assigned United States District Judge. 28 U.S.C. § 636(b)(1)(B).